A Law Firm That Won an Appeal in the US Supreme Court with a Unanimous Decision
GARVIN AGEE CARLTON, P.C. ATTORNEYS WIN UNANIMOUS DECISION FROM THE UNITED STATES SUPREME COURT
C&L ENTERPRISES, INC. v. CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA,
121 S.Ct. 1589, 149 L.Ed.2d 623, 69 USLW 4249, 69 USLW 4290, 2001 Daily Journal D.A.R. 4145, 14 Fla. L. Weekly Fed. S 219, 2001 DJCAR 2225
Argued March 19, 2001
Decided April 30, 2001
Each year approximately 7,000 appeals (Petitions for Certiorari) are filed with U.S. Supreme Court. However, the Court agrees to fully review only about 100 cases and, after oral argument before the full court, will then issue formal written opinions in only 80-90 cases per year. In late 2000, an appeal filed by Garvin Agee Carlton, .P.C. was one of a select few cases which the U.S. Supreme Court agreed to hear.
The U.S. Supreme Court's Unanimous Opinion for C&L Enterprises
On April 30, 2001, the U. S. Supreme Court rendered a unanimous opinion against the Potawatomi Tribe and in favor of the Firm's client, C&L Enterprises stating "Under the clause, the Tribe recognizes, the parties must arbitrate. The clause no doubt memorializes the Tribe's commitment to adhere to the contract's dispute resolution regime. That regime has a real world objective; it is not designed for regulation of a game lacking practical consequences."
The opinion has been cited by more than 1500 court opinions, law journals and law reporters and the ruling has directly influenced the outcome of a number of state, federal and appellate cases.
The U. S. Supreme Court's opinion in C&L directly impacts numerous construction contracts between tribes and private companies nationwide. As is usually the case, the opinion is already being applied to similar factual scenarios, such as disputes involving claims of sovereign immunity between Indian Tribes and States.